What do I do if I've been the victim of employment discrimination?

Although California employers have the right to fire an employee for a variety of reasons—or even for no reason at all—employers are expressly prohibited from discriminating against any employee on the basis of their race, sex, age, physical disability, mental disability, national origin, religious creed, color, ancestry, medical condition, marital status, sexual orientation, or gender identity. If you believe that your employer has taken adverse action because of one of these characteristics, we can help you determine how to proceed with legal action, if necessary.

If my coworker is sexually harassing me, what can I do?

While many instances of sexual harassment are depicted as a supervisor or other person in a position of authority sexually harassing a subordinate, sexual harassment can also occur among coworkers. If that is the case, you should report it to your supervisor or Human Resources officer. However, if no action is taken once you’ve made a report, or if you suffer retaliation in any way because you reported the instances of sexual harassment to your superior, call our office to learn more about what actions can be taken to remedy the situation.

I'm afraid my employer will fire me if I report illegal activities that I've witnessed. What do I do?

There are whistleblower laws that are intended to protect you from retaliatory action from your employer, should you report unethical or illegal behavior perpetrated by your employer. If you suffered retaliation from your employer after reporting them, we can assess the situation and explore your legal options.

I know I was a victim of workplace discrimination. How can I prove it?

In many cases, employers will attempt to obscure their reason for terminating an employee by offering vague explanations. With decades of legal experience, I’m prepared to work with you to examine the details of the entire situation. If you believe you were the victim of employment discrimination, I’ll help you gather documentation, witnesses, and other evidence to reveal the unlawful nature of your termination.

My employer has made me work through my lunch break on several occasions. What can I do?

In California, non-exempt employees are legally entitled to a 30-minute break for every five hours of work per day. Your employer cannot compel you to use this time to perform job-related duties, so if you have been working through your breaks, contact our firm to learn more about how we can help.

I've worked over 40 hours this week. Am I entitled to receive overtime pay?

Federal and state laws state that all non-exempt, hourly employees are entitled to receive overtime for exceeding 40 hours of work in a single week. If your employer has refused to honor their obligation to pay you overtime, contact us to learn about your options for obtaining the pay you’re owed.

How long do I have to file a wrongful termination claim?

There are many factors that determine how long you may take to pursue a wrongful termination lawsuit after your employment ends. Depending on whether you were the victim of employment discrimination or retaliation for reporting sexual harassment or other unlawful business practices perpetrated by your employer, you may have between 2 to 4 years to file a claim. It’s best to contact me as soon as possible so that we can get a clear picture of what to expect from the process.

I took unpaid maternity leave, but I was demoted when I returned to work. Is this legal?

State and federal laws, including the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the Pregnancy Discrimination Act (PDA), protect an employee’s right to take an unpaid medical leave for up to three months. These laws guarantee that you can return to your job when the leave is up. If you return to your place of employment to find that you’ve been assigned a lesser role, you may have the right to pursue legal action. Call us today to learn more.

I received a severance agreement from my employer. Should I sign it?

While all employers are not obligated to offer severance pay, some companies provide some form of compensation in exchange for forfeiting certain legal rights, such as the right to sue. If you have been offered a severance agreement, it’s a good idea to have an experienced employment law attorney review these documents to ensure that you receive a fair outcome.

The Law and Mediation Office of David C. King offers employment law attorney services to clients in Sonoma, Napa, Marin, Lake, Mendocino, Solano, San Francisco, Alameda, and Contra Costa counties. Contact us at (707) 762-6385!

(707) 762-6385